Terms of Use:

These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view our full terms and conditions, please refer to the PDF file available in English. By using this site, you acknowledge that you have read and fully accept our terms and conditions.

Definitions:

• General Terms: these terms of service.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
• Client: any natural person aged at least 16 years or any legal entity accessing the services and having entered into an agreement with SendAnonymousSms, or having received an offer or quote from it.
• Agreement: the contract established between SendAnonymousSms and the Client regarding the use of the service.
• Parties: collectively refers to SendAnonymousSms and the Client.
• Product(s): all SMS services made available via the sendanonymoussms.fr website.
• SendAnonymousSms: a brand operated by the company SendAnonymousSms, with its registered office in Lille.

1. Information about the Operator (SendAnonymousSms)

• Company Name: SendAnonymousSms, a company registered in Lille.
• Email: For any questions, contact us at [email protected].

2. Scope of the General Terms

These General Terms and Conditions govern all current and future offers, business relationships, agreements, and legal interactions between SendAnonymousSms and the Client. The application of any of the Client's own general terms and conditions is expressly excluded.

By accessing, using, downloading, or publishing content via the services, the Client acknowledges having read, understood, and accepted these General Terms and Conditions.

3. Offer and Conclusion of Contract

Unless explicitly stated otherwise, all offers from SendAnonymousSms are non-binding. Any manifest error in an offer (including typographical errors) shall not be binding on SendAnonymousSms. The contract is deemed to be concluded as soon as the Client clicks a confirmation button such as "Send" or "Continue" on one of the platform's websites.

4. Payment Terms

All prices displayed are expressed in euros and include Value Added Tax (VAT), as well as any other applicable taxes, unless expressly stated otherwise. Unless otherwise stipulated in the contract or the offer issued by SendAnonymousSms, payment must be made immediately after the conclusion of the contract. In any case, payment must be made no later than five (5) calendar days following the conclusion of the contract.

The Client may under no circumstances set off any claim they may have against SendAnonymousSms against any claim SendAnonymousSms may have against them, without the explicit and prior agreement of SendAnonymousSms.

In the event of late payment by a consumer Client, and after a formal notice has remained unheeded for fourteen (14) days, late payment penalties will be applied in accordance with the provisions of Article L. 441-10 of the French Commercial Code. These penalties will be calculated at a rate equivalent to three times the current legal interest rate. Furthermore, a fixed recovery fee of 40 euros will be due from a professional Client, in accordance with Article D. 441-5 of the French Commercial Code, without prejudice to any additional costs incurred for the recovery of the debt.

If the Client is acting in a professional capacity, extrajudicial collection costs will be due as of right from the first day of delay, and will amount to 15% of the principal amount due, with a minimum of 40 euros.

5. Right of Withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the consumer Client expressly acknowledges that the service provided by SendAnonymousSms is a service fully performed before the end of the fourteen (14) day withdrawal period. Consequently, they expressly waive their right of withdrawal. The right of withdrawal does not apply under any circumstances to Clients acting in a professional capacity.

6. Rights, Obligations, and Responsibilities of the Client

The Client warrants that they are at least sixteen (16) years of age at the time of accessing or using the service. When using the product, they must behave responsibly and in accordance with the expectations of a prudent user of Internet and SMS services.

The Customer undertakes not to use the service to send messages or communications of an illegal nature to anonymous recipients or third parties. In particular, the Customer is forbidden from sending, without limitation, offensive, racist, discriminatory, pornographic, or provocative messages, or from carrying out unsolicited sends for commercial, ideological, or charitable purposes (also known as SPAM). The Customer is also forbidden from using the service for any illegal or criminal purposes.

The Customer warrants that the entry of data and the sending of messages via the service will in no way infringe upon the rights of third parties, including intellectual property rights.

The Customer is strictly forbidden from executing their own or external processes or programmes on the systems and products of SendAnonymousSms. The Customer must also refrain from using software or any other means that could disrupt the provision of services to other users.

The Customer undertakes to use the sender address lawfully, ensuring they do not use phone numbers that do not belong to them, fictitious names (including trade names, first names, or surnames that are not the Customer's), or illegal terms or symbols.

The Customer is under no circumstances permitted to enter, transmit, or store personal data (as defined in Article 4 of the GDPR) via or in connection with the Product and/or the systems of SendAnonymousSms, except for personal data necessary to ensure compliance with the commitment specified above.

Notwithstanding the undertakings stipulated in this section, the Customer retains full responsibility for the data entered into the Product and for the sending of messages and/or communications. SendAnonymousSms does not verify the information entered nor the messages transmitted.

Consequently, the Customer remains legally liable for all data entered and for all messages or communications sent.

The Customer also undertakes to indemnify SendAnonymousSms against any third-party claims (including, but not limited to, claims for damages, third-party compensation, and fines imposed by regulatory authorities) arising from their acts or omissions that breach the obligations set out in this article.

In the event of a breach by the Customer of any of their obligations mentioned above, the Customer must immediately pay SendAnonymousSms a penalty of EUR 5,000 per breach, without any prior notice or proof of damage being required. This penalty is payable without prejudice to any other remedies available to SendAnonymousSms, including the right to claim further damages.

Should the Customer fail to comply with their contractual obligations, SendAnonymousSms reserves the right to suspend access to the services by blocking the IP address, bank account number, credit card number, and/or email address used by the Customer to access the Product.

7. Rights, obligations, and responsibilities of SendAnonymousSms

SendAnonymousSms undertakes to perform the Contract with due diligence and in an appropriate manner.

The availability dates, times, and delivery deadlines provided by SendAnonymousSMS are estimates only and do not constitute binding commitments in any way. This information cannot be considered as strict deadlines, unless expressly stated otherwise.

In the event of a malfunction related to the internet connection or a hardware and/or software failure, SendAnonymousSMS will endeavour to resolve the issue as soon as possible, without being held liable for it. If this failure originates from a third party, SendAnonymousSMS cannot be held responsible for the duration or occurrence of the malfunction. In the event of a malfunction attributable to the Client, the recovery costs will be borne by the Client.

SendAnonymousSMS also reserves the right to temporarily suspend its services for maintenance operations, without this suspension incurring any liability on its part.

Finally, SendAnonymousSMS does not guarantee under any circumstances that messages or communications sent via the Product will arrive at the recipient in the same form as they were sent, nor that they will be received at the scheduled time.

Consequently, SendAnonymousSMS disclaims all liability in the event of the incorrect or late receipt of a message or communication.

8. Liability

The Products provided by SendAnonymousSMS are intended for use exclusively within the European Economic Area (EEA) and France. If any of the Products are used outside the EEA, the Client solely assumes the risks associated with such use. Consequently, SendAnonymousSMS disclaims all liability for the use of its Products outside the EEA.

In the event of a breach of its contractual obligations by SendAnonymousSMS, its liability is limited to direct damages, up to the amount invoiced to the Client during the twelve months preceding the incident, with a cap of EUR 2,500 per event or series of related events. These limitations of liability do not apply in cases of wilful misconduct or gross negligence by SendAnonymousSMS.

SendAnonymousSMS disclaims all liability for other types of damages, including, but not limited to, indirect or consequential damages, or damages related to the loss of revenue or profits.

SendAnonymousSMS shall under no circumstances be held liable for delays, data loss, failure to meet deadlines due to changes in the Client's circumstances, information, or equipment, nor for damages arising from information or advice provided by SendAnonymousSMS that is not explicitly included in the Agreement. The liability exclusions mentioned in this paragraph do not apply in cases of wilful misconduct or gross negligence.

To be eligible for compensation, the Client must report any failure of performance within two months of delivery. If a breach is identified, SendAnonymousSMS may, within a reasonable time, remedy it, without being obliged to pay damages.

Any claim by the Customer against SendAnonymousSms will lapse after a period of twelve months from the incident, unless the Customer has taken appropriate action regarding this claim.

In the event of a fault by SendAnonymousSms or its employees or subordinates for whom it is responsible, SendAnonymousSms's liability will be limited to a maximum amount of EUR 2,500. This limitation of liability does not apply in cases of intentional misconduct or gross negligence.

The limitations and exclusions of liability of SendAnonymousSms set out in the General Terms and Conditions also apply to all natural or legal persons, employees or subordinates, engaged by SendAnonymousSms in the performance of the Agreement.

The limitations and exclusions of liability mentioned in this article do not in any way limit the other exclusions and limitations of liability of SendAnonymousSms contained in these General Terms and Conditions.

9. Force Majeure

In addition to the provisions set forth, a failure by SendAnonymousSms to fulfil its obligations to the Customer is also considered a case of force majeure when it results from a circumstance beyond SendAnonymousSms's control, preventing the full or partial performance of its obligations, or making such performance unreasonably difficult. These circumstances include, but are not limited to, non-performance by suppliers or other third parties, power outages, computer viruses, strikes, and work stoppages.

Should such a situation arise that prevents SendAnonymousSms from fulfilling its obligations to the Customer, these obligations may be suspended for as long as SendAnonymousSms is unable to perform them. If this situation persists for ten working days, both SendAnonymousSms and the Customer shall have the right to terminate all or part of the Agreement in writing. In such a case, SendAnonymousSms shall under no circumstances be liable to pay compensation for any damage, even if it benefits from an advantage related to the force majeure event.

10. Privacy

SendAnonymousSms's products are not intended for children under the age of sixteen (16). SendAnonymousSms does not knowingly solicit, collect, or retain information from individuals it knows to be under sixteen (16) years of age. No part of the products is designed to attract an audience under the age of sixteen (16). Furthermore, SendAnonymousSms does not send any communications to anyone who identifies as being under sixteen (16) years old. If SendAnonymousSms learns that a user or customer is under sixteen (16) years of age, it will take the necessary steps to delete that user's/customer's personal information from its systems. If you are the parent or guardian of a child who you believe has disclosed personal information to SendAnonymousSms, please contact us by mail so that this data can be removed from our system.

To the extent necessary for the performance of the Agreement, the Customer expressly authorises SendAnonymousSms to process their personal data and to transmit it to third parties for this purpose.

EnvoyerSmsAnonyme also reserves the right to provide personal data or other information to investigative authorities, particularly when the Product is used unlawfully by the Customer, or in situations where EnvoyerSmsAnonyme is legally required to provide this information under a court order. The Customer explicitly consents to this disclosure of data.

The IP address used by the Customer is recorded when using the Product. In case of payment via iDEAL, Bancontact, Sofort, eps or Multibanco, the bank account or card number used by the Customer, as well as the name, place of residence and/or email address of the account or card holder, will also be retained. For payments made via PayPal, the following information will be recorded: the Customer's name, email address and address. In case of payment by credit card, Apple Pay, Google Pay or Microsoft Pay, the data of the credit card used will also be stored. If payment is made by phone, the phone number used will be recorded. The data mentioned above will be retained by EnvoyerSmsAnonyme for a period of 18 months. The Customer explicitly consents to this collection and retention of data.

If the Customer collects or otherwise processes personal data when using the Product, they will be considered the 'data controller' in accordance with Regulation (EU) 2016/679 (GDPR). The Customer must, therefore, ensure that a legal basis exists for this data processing.

The Customer agrees to indemnify EnvoyerSmsAnonyme against any third-party claims or demands, including but not limited to, claims for compensation and fines imposed by a regulatory authority, as well as any damages arising from an act or omission by the Customer that breaches, or is perceived as a breach of, applicable privacy laws, such as the GDPR.

In accordance with the General Terms and Conditions, the Customer is not permitted to collect, send, or otherwise store personal data (as defined in Article 4 of the GDPR) via, in, or with the Product and/or EnvoyerSmsAnonyme's systems (unless otherwise specified in the General Terms and Conditions). Thus, EnvoyerSmsAnonyme cannot be considered a data processor within the meaning of Article 4 of the GDPR. If the Customer fails to comply with this obligation, EnvoyerSmsAnonyme maintains its position that, for legal reasons, it cannot be classified as a data processor under Article 4 of the GDPR. If, despite this, the GDPR should nevertheless consider EnvoyerSmsAnonyme to be a data processor, the provisions below shall apply between the Parties, and only in this specific case.

This article constitutes a data processing agreement, as described in Article 28 of the GDPR.

The Customer warrants that a legal basis exists for the processing of personal data in accordance with Article 6(1) of the GDPR.

EnvoyerSmsAnonyme processes personal data solely on behalf of the Customer and in accordance with their written instructions. If, in EnvoyerSmsAnonyme's opinion, such an instruction infringes the GDPR or any other European or national data protection legislation, EnvoyerSmsAnonyme will immediately inform the Customer.

EnvoyerSmsAnonyme is permitted to engage third parties for the execution of the Agreement. This includes sub-processors, such as web hosting companies. In the event of changes concerning the addition or replacement of sub-processors, the Customer may object to these changes as long as the Agreement between the Parties remains in effect.

To the extent possible, EnvoyerSmsAnonyme will assist the Customer, upon request, in fulfilling its obligation to respond to requests from data subjects exercising their rights, in accordance with Chapter III of the GDPR. EnvoyerSmsAnonyme may charge the Customer for the costs associated with this assistance, calculated based on an hourly rate agreed upon in the Agreement or, failing that, at a reasonable rate.

The Customer agrees to independently respond to requests from data subjects exercising their rights as defined in Chapter III of the GDPR, in cases where they have access to the Personal Data required for these requests.

Given the nature of the processing and the information available to EnvoyerSmsAnonyme, it undertakes to provide the Customer, upon request, with all necessary assistance to ensure compliance with the obligations defined in Articles 32 to 36 of the GDPR. EnvoyerSmsAnonyme may charge for this assistance at an hourly rate agreed upon in the Agreement or, failing that, at a reasonable rate.

EnvoyerSmsAnonyme will implement all required technical and organisational measures, as stipulated in Article 32 of the GDPR, to ensure a level of security appropriate to the identified risks.

In the event that EnvoyerSmsAnonyme detects a personal data breach, as described in Articles 33 and/or 34 of the GDPR (hereinafter referred to as a 'Data Breach'), it will notify the Customer immediately. In such a case, EnvoyerSmsAnonyme undertakes, at the Customer's request, to provide all necessary assistance to enable the Customer to notify the competent supervisory authority and, if necessary, to communicate the breach to the affected data subjects within the required deadlines.

EnvoyerSmsAnonyme, along with its staff, is required to ensure the confidentiality of personal data, except in cases of a legal obligation to disclose or when the task of EnvoyerSmsAnonyme necessitates such disclosure.

Regarding the liability of EnvoyerSmsAnonyme, only the provisions set forth in this article, as well as those agreed upon in the Agreement and the General Terms and Conditions, shall apply.

EnvoyerSmsAnonyme shall not be liable for fines imposed on the Customer by the competent regulatory authority, such as the Dutch Data Protection Authority, unless such fines result from wilful misconduct or gross negligence on the part of EnvoyerSmsAnonyme.

Any failures by third parties engaged in the performance of the Processing Agreement cannot be attributed to EnvoyerSmsAnonyme.

The Customer has the right to verify EnvoyerSmsAnonyme's compliance with its obligations under this Processing Agreement by means of an audit. They must inform EnvoyerSmsAnonyme as soon as reasonably practicable and specify who will conduct the audit, as well as the chosen methodology and schedule.

SendAnonymousSMS will have a reasonable period to express any objection to the performance of the audit. If objections are raised before the audit is implemented, the Parties agree to consult to resolve these disputes, taking into account the legitimate interests of each. SendAnonymousSMS may not refuse to cooperate with the audit for unfounded reasons (for example, by raising unreasonable objections). All costs related to this audit will be borne by the Client.

Upon request, SendAnonymousSMS will provide the Client with the necessary information to demonstrate compliance with the obligations set out in Article 28 of the GDPR.

11. Intellectual Property

The Client warrants that the use of the Product does not infringe any intellectual property rights belonging to third parties. The Client is prohibited from removing or modifying any notices related to these intellectual property rights.

SendAnonymousSMS reserves the right to implement technical measures to protect its intellectual property rights. If such protections are implemented for the Product and/or associated rights, the Client may not remove or circumvent these measures.

12. Complaints Procedure

SendAnonymousSMS will make every effort to respond to the Client's complaints as soon as possible. The Client may submit a detailed complaint by contacting SendAnonymousSMS via the following email: [email protected]. If reasonably feasible, SendAnonymousSMS undertakes to process the complaint within five working days of receipt, and to provide a substantive response as soon as possible.

If the Client is a natural person acting in a private capacity and not in the course of their professional activity, they also have the option of submitting a complaint to the Disputes Committee via the European ODR platform, accessible at the following website: https://ec.europa.eu/consumers/odr/.

The complaints procedures mentioned in this article do not in any way affect the right of the Parties to bring matters before the competent courts.

13. Final Provisions

The legal relationship between the Parties shall be governed by and interpreted in accordance with French law. The Vienna Sales Convention is not applicable. These General Terms and Conditions are drafted in all possible languages. In the event of a contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, shall prevail.

If the Client is a natural person acting in a private capacity and not in the course of their professional activity, any dispute arising from the contract concluded with this Client shall be submitted exclusively to the competent court of the Client's place of residence.

The preceding paragraph does not apply if the Client is acting in the course of their commercial, industrial, artisanal, or professional activity. In this case, any dispute related to the contract concluded between SendAnonymousSMS and a Client acting in a professional capacity shall be submitted exclusively to the French courts.

The Client's rights under the Agreement may not be assigned to a third party without the prior written consent of SendAnonymousSMS.

If the Customer is a natural person acting in a private capacity and not in the course of their professional activity. Such stipulations will not form part of the agreement between SendAnonymousSms and a natural person acting for non-professional purposes.

In the event that a provision of the Agreement is deemed null, voidable, or non-binding, the Agreement shall remain valid. The Parties shall endeavour to replace this provision with a new, legally valid provision that has, as far as possible, the same purpose and effect as the voided provision.